J.S.Akhil vs University Of Kerala
2021 Latest Caselaw 19432 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA,
                                  1943
                    WP(C) NO. 19249 OF 2021 (E)
PETITIONER/S:

          J.S.AKHIL
          AGED 31 YEARS
          S/O A.JAYAKUMAR, PRESENTLY RESIDING AT
          THEERTHAM, SIVAJI NAGAR, NJANDOORKONAM,
          POWDIKONAM P.O.THIRUVANANTHAPURAM-695 588.

            BY ADVS.
            THUSHARA JAMES
            M.S.AMAL DHARSAN


RESPONDENT/S:

   1      UNIVERSITY OF KERALA
          SENATE HOUSE CAMPUS, PALAYAM
          THIRUVANANTHAPURAM-695 034. REPRESENTED BY ITS
          REGISTRAR

   2      THE CONTROLLER OF EXAMINATION
          UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM-695 034.

   3      THE VICE CHANCELLOR
          UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM-695 034.

   4      THE PRO-VICE CHANCELLOR
          UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM-695 034.


OTHER PRESENT:

            SRI THOMAS ABRAHAM, SC, KERALA UNIVERSITY


       THIS    WRIT   PETITION    (CIVIL)   HAVING    COME   UP    FOR
ADMISSION      ON   16.09.2021,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 19249/2021
                                     2

                          AMIT RAWAL, J.
                          ------------------------
                     WP(C) No.19249 of 2021
                     ----------------------------------
           Dated, this the 16th day of September, 2021

                             JUDGMENT

Dr.Thushara James, learned counsel for the petitioner, inter

alia, contended that the petitioner was a student of 2016-2019

batch of LLB in a College affiliated to Kerala University. Even

though he completed the course in the year 2019, has to clear

some papers of the third semester examination. The

supplementary examination of the third semester was scheduled

on 23.02.2021 to 4.3.2021. Even though he appeared for the

first and second paper examinations, could not appear for the

third and fourth papers as he was under quarantine, as

evidenced from Ext.P7 medical certificate issued by the Medical

Officer, Medical College Health Unit, Pangappara. A request for

conducting special examination was made to the Controller of

Examinations of the University. But, vide Ext.P9 communication

dated 30.6.2021, without holding any enquiry or affording an

opportunity of hearing to the petitioner, the request to conduct the

special examination has been rejected on the premise that there

was no containment zone anywhere in Kerala and Covid-19 WPC 19249/2021

pandemic cases very comparatively less. On receipt of Ext.P9

communication, though a request was made to the Vice

Chancellor of Kerala University vide Ext.P10, no action has been

taken.

2. I have heard the learned Standing Counsel for the

Kerala University also, who takes notice on admission.

3. Relevant portion of Ext.P9 communication of the Deputy

Registrar-III (Examination Department) for the Controller of

Examination reads as under:

"During the period from 24.2.2021 to 4.3.2021 when the 3 rd semester examination was held, there was no containment zones anywhere in Kerala and the Covid-19 cases very comparatively less.

Therefore, the Vice Chancellor has decided not to conduct special examination to those students who were unable to attend the same. The same is intimated to you ."

The petitioner has even made a request to the Vice Chancellor

vide Ext.P9 with a hope. I am of the view that the Controller of

the Examination/Deputy Registrar-III (Examination Department)

ought not have passed Ext.P9 order in the manner as indicated

above, particularly when there is a medical certificate in favour of WPC 19249/2021

the petitioner. An opportunity by complying with the principles of

natural justice ought to have been granted to the petitioner.

4. Hence, Ext.P9 is quashed and the writ petition is

allowed. Deputy Registrar-III (Examination Department) for the

Controller of the Examinations is directed to decide on the

request of the petitioner for conducting special examination of

the 3rd and 4th papers of the third semester LLB examination,

after affording an opportunity of hearing of the petitioner, either

through virtual or physical mode. Let this exercise be

undertaken within a period of 30 days from the date of receipt of

a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

AMIT RAWAL, JUDGE jg WPC 19249/2021

APPENDIX OF WP(C) 19249/2021 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TIMETABLE DATED 25.8.2020 FOR THE 2ND SEMESTER 3 YEAR LLB (UNITARY) COURSE ISSUED BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE PRESS RELEASE DATED 16.4.2021 ALONG WITH ENGLISH TRANSLATION

Exhibit P3 TRUE COPY OF THE TIMETABLE FOR THE 2ND SEMESTER 3 YEAR LLB (UNIVERSITY) SPECIAL EXAMINATION DATED 27.8.2021

Exhibit P4 TRUE COPY OF THE TIMETABLE FOR THE 6TH SEMESTER 3 YEAR LLB (UNITARY) SPECIAL EXAMINATION DATED 17.4.2021

Exhibit P5 TRUE COPY OF THE NOTIFICATION DATED 20.1.2021 FOR 3RD SEMESTER 3 YEAR LL.B (UNITARY) COURSE ISSUED BY THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE ADMIT CARD OF THE PETITIONER

Exhibit P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL OFFICER, MEDICAL COLLEGE HEALTH UNIT, PANGAPPARA

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 18.4.2021 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P9 TRUE COPY OF THE LETTER DATED 30.6.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ALONG WITH ENGLISH TRANSLATION

Exhibit P10 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER